M/s khoday India Limited , Bangalore V. The Income Tax Officer Ward-4(1)(2), Bangalore

ITA 797/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1938 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 10 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 25-02-2021
• Assessment Year: 1995-1996
• Appeal Filed On: 15-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BALAKRISHNAN N

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES C, BANGALORE BEFORE SHRI N.V.VASUDEVAN, VP AND SHRI CHANDRA POOJARI, AM ITA NO.797/BANG/2019 : ASST.YEAR 1995-1996 M/S. KHODAY INDIA LIMITED 7 TH MILE, BIREWEY HOUSE KANAKAPURA ROAD BANGALORE 560 062. PAN : AAACK6734C. V. THE INCOME TAX OFFICER WARD 4(1)(2) BANGALORE. (APPELLANT) (RESPONDENT) APPELLANT BY : SRI.V.SRIDHAR, CA RESPONDENT BY : SRI.BALAKRISHNAN N, ADDL.CIT-DR DATE OF HEARING : 25.02.2021 DATE OF PRONOUNCEMENT : 25.02.2021 O R D E R PER CHANDRA POOJARI, AM : THIS APPEAL AT THE INSTANCE OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A) DATED 22.02.2019. THE RELEVANT ASSESSMENT YEAR IS 1995-1996. 2. AT THE TIME OF HEARING BEFORE US, THE LEARNED COUNSEL FOR THE ASSESSEE HAS FURNISHED A LETTER DATED 15 TH FEBRUARY, 2021, WHEREIN IT IS SUBMITTED THAT THE ASSESSEE HAS OPTED FOR FILING THE APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, FOR SETTLEMENT OF THE DISPUTE, AND ACCORDINGLY, HE PRAYED THAT THE APPEAL MAY BE ADJOURNED. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE, HOWEVER, SUBMITTED THAT THE ASSESSEE HAS TO WITHDRAW THE PENDING APPEAL AFTER FILING FORM VSV1 AS PER VIVAD SE VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQUIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE TO THE DEPARTMENT. HE SUBMITTED THAT ITA NO.797/BANG/2019 M/S.KHODAY INDIA LIMITED. 2 FORM NO.3 SHALL BE ISSUED TO THE ASSESSEE IN DUE COURSE AND ACCORDINGLY SUBMITTED THAT THE APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN, AS THE ASSESSEE IN ANY CASE IS REQUIRED TO WITHDRAW THE APPEAL. THE LEARNED DR FURTHER SUBMITTED THAT IN THESE TYPES OF CASES, THE TRIBUNAL IS GIVING LIBERTY TO SEEK RECALL OF THE ORDER IF THE APPEAL IS DISMISSED BY THE BENCH. 4. WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. THE SUBMISSIONS MADE BY THE LEARNED DR IS CONSIDERED. SINCE THE ASSESSEE HAS OPTED FOR FILING THE APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT FOR SETTLEMENT OF THE DISPUTE, THE ASSESSEE WOULD BE MOVING APPLICATION FOR WITHDRAWING THE PRESENT APPEAL FILED BEFORE THE TRIBUNAL IN DUE COURSE. HENCE, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THESE APPEALS PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. SINCE WE HAVE DISMISSED THE APPEAL, THE ASSESSEE IS AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THE PRESENT ORDER IN ACCORDANCE WITH THE LAW, IF THE ASSESSEE INTENDS TO DO SO. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED ON THIS 25 TH DAY OF FEBRUARY, 2021 . SD/- SD/- (N.V.VASUDEVAN) ( CHANDRA POOJARI ) VICE-PRESIDENT ACCOUNTANT MEMBER BANGALORE; DATED : 25 TH FEBRUARY, 2021. DEVADAS G* ITA NO.797/BANG/2019 M/S.KHODAY INDIA LIMITED. 3 COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(A)-12, BANGALORE 4. THE PR.CIT-2, BANGALORE. 5. THE DR, ITAT, BENGALURU. 6. GUARD FILE. ASST.REGISTRAR/ITAT, BANGALORE